Overview
Title
Track Geometry Measurement System (TGMS) Inspections; Extension of Comment Period
Agencies
ELI5 AI
The government wants to make train tracks safer by having railroads check them more often with special machines. They said people could share their thoughts about this plan until January 7, 2025, after giving a shorter extra time to do so than some people wanted.
Summary AI
The Federal Railroad Administration (FRA) has extended the comment period for a proposed rule, originally published on October 24, 2024. This rule aims to update the safety standards for railroad tracks, requiring various classes of railroads to use Track Geometry Measurement System technology at certain frequencies. Two associations requested a 60-day extension to better assess the rule's impact, but the FRA granted a 15-day extension, moving the new deadline to January 7, 2025. Public comments are requested and will be published online, with privacy considerations in place.
Abstract
On October 24, 2024, FRA published an NPRM proposing to revise its regulations governing the minimum safety requirements for railroad track. The proposed changes would require all Class I and II railroads, as well as intercity passenger railroads and commuter railroads, to operate a qualifying Track Geometry Measurement System (TGMS), a type of automated track inspection (ATI) technology, at specified frequencies on all Class 1 through 5 mainline and controlled siding track that transports: annual tonnage greater than 10 million gross tons (MGT), regularly scheduled passenger rail service, or trains containing hazardous materials. FRA also proposed increasing the required frequency of TGMS inspections on Class 6 track. By this notification, FRA is extending the NPRM's comment period, which will close on December 23, 2024, by 15 days.
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AnalysisAI
The Federal Railroad Administration (FRA), part of the Department of Transportation, has issued a notice extending the comment period on a proposed rule related to railroad track safety standards. This proposed rule, initially published on October 24, 2024, requires Class I and II railroads, intercity passenger railroads, and commuter railroads to use technology known as the Track Geometry Measurement System (TGMS) for automated track inspections. The rule is targeted at maintaining safety on tracks that carry over 10 million gross tons of freight annually, regularly scheduled passenger trains, or hazardous materials. FRA extended the deadline for public comments from December 23, 2024, to January 7, 2025, following requests by two major railroad associations.
General Concerns
This notice of proposed rulemaking (NPRM) has raised concerns about whether a 15-day extension sufficiently addresses stakeholder needs. Both the American Short Line and Regional Railroad Association (ASLRRA) and the Association of American Railroad (AAR) had requested extensions of 60 days. They argued that the original timeframe, compounded by multiple rules issued simultaneously and the holiday season, leaves inadequate time for thorough review and feedback. The FRA’s decision to grant only 15 additional days is seen as insufficient by these associations, potentially inhibiting comprehensive stakeholder engagement.
Implications for the Public
For the general public, this rulemaking process illustrates the complexity of regulatory changes affecting large-scale transportation systems. It underscores the balance between ensuring rail safety through advanced technology and providing adequate opportunities for feedback from those impacted by such changes. The public might not see immediate effects but could experience long-term benefits such as improved rail safety and potentially fewer accidents or service disruptions.
Impact on Stakeholders
Key stakeholders, namely railroad companies, must assess the proposed requirements and provide feedback on the anticipated operational and financial impacts. Smaller railroads, particularly those that are part of the ASLRRA, may find the changes challenging, requiring significant adaptation in technology and processes. The consultation and feedback period are critical for these stakeholders to voice concerns or special considerations, especially when adapting to new technological standards.
Privacy and Submission of Comments
The FRA has detailed how public comments will be managed, emphasizing transparency by publishing all submitted comments online. However, there are concerns about the handling of sensitive information, as the notice lacks explicit guidelines for submitting proprietary information. This could deter some stakeholders from contributing valuable insights if they are concerned about the potential public disclosure of confidential data.
Conclusion
In summary, while the FRA’s proposed rule aims to enhance rail safety through mandatory use of advanced inspection technologies, the process of collecting and responding to public and stakeholder feedback could be hampered by the limited extension period and concerns over consultation practices. The decision to not fully accommodate requests for a longer comment period may impact the quality and comprehensiveness of the final rule. This serves as a reminder of the challenges inherent in regulatory processes that must balance timely implementation with adequate stakeholder consultation.
Issues
• The extension of the comment period by only 15 days, despite requests for a 60-day extension, may not provide sufficient time for all stakeholders, especially considering the holiday season.
• There might be a lack of transparency or consultation as indicated by the American Short Line and Regional Railroad Association's comment about FRA not consulting with the Railroad Safety Advisory Committee.
• The request for comments mentions the potential submission of proprietary or confidential information but does not clearly outline how such information will be handled or protected, which could deter individuals from sharing important insights.
• While not overly complex, the language regarding the submission of comments could be simplified for broader public understanding, ensuring all stakeholders feel comfortable participating in the comment process.